Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of law - The construction of a document of title or of a document which is the foundation of the rights of parties, necessarily raises a question of law - Whether a particular question is a substantial question of law or not, depends on the facts and circumstances of each case - More so, there is no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Possession delivered subsequent to the execution of agreement to sell - If agreement to sell had been executed through registered document then subsequent delivery of possession can also take place through registered document - Absolutely no occasion to grant temporary..........
Civil Procedure Code, 1908, Order 37, Rule 3(5), 7 -- Recovery suit - Leave to defend - Triable issue - Letter of credit - Defendant Bank failed to inform plaintiff regarding acceptance or refusal of document within prescribed period of time - Thus, there was clear violation of provisions under Uniform Custom and Practice for Documentary Credits (UCP500) especially with..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Permission to adduce - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - However, during pendency of appeal they admitted true fact by executing registered sale deeds - They failed to explain admission made by them in registered sale..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Non-payment of arrears of rent - Proof - Eviction sought on ground of default in payment of rent from 01.03.1991 to 31.12.1996 - Rent was stated to be Rs.400/- P.M. - In reply tenant stated that there had been no default at all in payment of rent and his wife herself had received rent - Tenant relied on..........
Registration Act, 1908, Section 17 -- Cancellation of registered document - Once a document is registered, the cancellation thereof can be only through another registered document...........
Registration Act, 1908, Section 17, 49 -- Unregistered document - A document required to be registered, if not registered, can be looked into for collateral purposes...........
Registration Act, 1908, Section 49 -- Collateral purpose - Meaning - Collateral purpose is one which is other than the one which the document purports to bring about...........
Civil Procedure Code, 1908, Section 151, Order 40, Rule 1 -- Appointment of receiver - Validity - Appellant/lessee filed suit for injunction against his forcible dispossession by respondent/lessor from his hotel - Hotel leased out for a period of 5 years - No addition or alteration was to be done without written consent of respondent but appellant made renovation and no..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage when case was fixed for arguments - To prove Will and copies of mutation - Copy of mutation available but not produced on record - Will a registered document - No explanation as to why petitioners did not take any steps for proving the Will by leading secondary evidence - Application an..........
